SPEECH 


HON. 


OF 


o-,' ) ' 

* \ ' A 





ON THE 


KANSAS CONTESTED ELECTION; 


DELIVERED 


IN TI-IE HOUSE OF REP R ES E NT AT IV ES , M A R C H 1 0 , 185 6. 


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\ 




WASHINGTON: 

PRINTED AT THE CONGRESSIONAL GLOBE OFFICE, 

1856 . . 










/ 


KANSAS CONTESTED ELECTION. 


Mr. CAMPBELL, of Pennsylvania, said: 

Mr. Speaker: I shall submit a few general 
observations for the consideration of the mem¬ 
bers of this House upon the question now pend¬ 
ing. The Hon. Andrew H. Reeder presented to 
the House of Representatives, on the 14th day 
of February last, a memorial contesting the seat 
of the sitting Delegate from the Territoiy of 
Kansas. That memorial was referred to the Com¬ 
mittee of Elections, and ordered to be printed. 
Subsequently, the committee made their report 
upon the memorial and facts submitted to them; 
and they have shown, by reasoning the most 
conclusive, the urgent necessity, as well as pro- 
ju-iety, for the authority which they ask. They 
have submitted the following resolution: 

Resolved, That tlie Committee of Elections, in the con¬ 
tested-election case from the Territory of Kaiusas, be, and 
are hereby, empowered to send for persons and pai)ers, and 
to examine witnesses upon oath or affirmation. 

The question now is, whether that authority 
shall be granted, or whether this House will re¬ 
fuse to entertain the application of the committee. 
The memorial has been received and referred; 
the cause has been instituted in this, the nation’s 
high court of chancery, and the proposition is 
now made, by members on the other side of this 
chamber, to smother all investigation, to hide 
away all right and truth, to hinder and delay 
justice, and to turn the memorialist from the bar 
of this House without a hearing. The people of 
the Territory of Kansas are deeply interested in 
this question; to them it is an issue of the most 
vital character. They have been branded as 
traitors, and stigmatized with disloyalty to the 
Government. They ask, at your hands, the right 
—a right dear to every American—to be heard. 
They allege, on the other hand, that their homes 
have been invaded by an armed mob, their priv¬ 
ileges wrested from them, their lives placed in 
jeopardy, and their property destroyed. 

I am opposed to the hiding-eiway process. I am 
in favor, provided it can be done under the Con¬ 
stitution and laws of the land, of the most full, 
liberal, and broadest investigation. Itisinaccord- 


[! ance with the spirit of our institutions—with the 
’ universal sentiment of the American people—that 
I the truth or Hlsehood of any allegation should 
! be most fully investigated. I hear it said that 
' the people of Kansas themselves are in fault—that 
i treason stalks in their midst. It is gravely alleged 
I that a revolutionary feeling prevails in that Ter- 
j ritory. These charges are made upon the floor 
of this House; they are heralded in the message 
of the Executix^e; they are reported in the public 
press, and they come to us through a thousand 
channels, and upon every breeze. It is not only 
the right, but the duty, of this House to examine 
the truth of these grave accusations. 

I Let us know, first, whether there is or is not a 
lawfully elected and organized Legislature with- 
I in the Territory of Kansas. Sir, I desire to know, 
j whether that body, calling itself the Legislature 
of Kansas, was elected and placed in power by 
an armed and invading force from the State, of 
Missouri or elsewhere, or by the legally author¬ 
ized voters of Kansas } The legal existence of 
that public body has been called in question, and 
I demands inquiry; and I can tell gentlemen who 
j oppose the resolution submitted by the Commit¬ 
tee of Elections, that, if they now stifle investi¬ 
gation, if they reverse the convictions of ,the 
American people, ignore the spirit of our insti- 
j tutions, and refuse—when these grave questions 
I are agitating the nation—to give the necessary 
I authority, and thus put an end to disturbance and 
! agitation by lawful means, they are answerable 
j to the country, and must take the responsibility, 
j If I know anything of the views and opinions 
of the American people, they are in favor of the 
broadest investigation—the most full and liberal 
inquiry. You may endeavor to hide away the 
truth, but they will find it. Shroud it in subtlety, 
bury it beneath technicality, heap error mountain 
high, but the American mind will pierce the sur¬ 
face, remove the covering, and drag the living, 
palpable truth to light. It must and will have 
the truth, and nothing buL the interposition of the 
Constitution and laws of the land can check its 
inquiry; here the Constitution and the laws, in 













4 


unison with the voice of the people, demand it. 
Let us have all possible light upon this question, 
that we may be enabled to act and vote under- 
standingly. 

The memorial of the Hon. Andrew H. Reeder, 
submitted to the House, sets forth various facts 
which the memorialist alleges he is prepared to 
prove, if an opportunity is afforded him. It be¬ 
comes important to know what the memorial con¬ 
tains, inasmuch as it forms the foundation of the 
whole proceeding, and upon the allegations therein 
contained the memorialist must stand or fall. 

The memorial sets out—first, that he, the Hon. 
Andrew H. Reeder, claims to represent the Ter¬ 
ritory of Kansas in the Thirty-Fourth Congress as 
congressional Delegate, to the exclusion and in 
the place of the Hon. J. W. Whitfield, the sitting 
Delegate. It sets out, further, that the election 
under which the sitting Delegate holds his seat 
was a pretended election, held without law, against 
the will of the qualified voters, and that it was 
and is absolutely void; and further, that the law 
under which the pretended election was held 
emanated from a Legislative Assembly the mem¬ 
bers of which were not elected by the people, but 
imposed upon them by the force of superior num¬ 
bers of non-residents; that the election law was 
nugatory, because enacted at an illegal and unau¬ 
thorized place. The memorialist proceeds furtlier 
to state, that papers important to the examination 
which he requires at our hands have been with¬ 
held from him by the Secretary of the Territory; 
and, lastly, the Hon. Andrew H. Reeder claims 
that he was elected as Delegate from Kansas to the 
present Congress at the only valid election held 
for that purpose within the Territory. 

I understood the honorable member from Ala¬ 
bama [Mr. Walker] to contend that Governor 
Reeder did not present himself before us in the 
attitude of a contestant for the seat occupied by 
the sitting Delegate; that there was “ not a word 
or line in the memorial amounting to an assertion 
of a right vested in Governor Reeder, and set up 
by him as against the prima facie title of the sit¬ 
ting Delegate, Mr. Whitfield.” Now, sir, I do 
Lnost distinctly and most unequivocally under¬ 
stand that Governor Reeder claims the seat now 
occupied by the sitting Delegate from Kansas. 
On this point I refer to the concluding part of the 
memorial referred to, and, if I understand the 
English language, the fact is there plainly set 
forth, as follows; 

And 5’our memorialist further states that he was dul)' 
elected by a large majority of the legal voters of the said 
Territory to the said office of Delegate, at an election held 
on the 9lh day of October, which lie proposes to show was 
the only valid election held in the Territory for that pur¬ 
pose.” 

Here, then, we have a subject-matter of contest, 
and a contestant who proposes to show that he 
was elected at “ the only valid election” held for 
the purpose of electing a Delegate to this Con¬ 
gress from the Territory of Kansas- 

Mr. KEiTT. Under what law } 

Mr. CAMPBELL. No matter under what 
law, so that it was a valid law. But it will be 
time enougli to inquire into the law, and the au¬ 
thority under which that election was held, when 
that part of the case is Before the House. It is 
sufficient for us to know that this is his allegation. 
If he docs not sustain it—if the proof falls short— 


I am prepared to go with every candid man in this 
Flouse to stand by the law and the facts. While 
I am opposed to smothering this investigation 
in its primary stages, I am in favor of giving that 
gentleman an opjiortunity of showing under v/hat 
law, and authority, and how that election was 
held. A question may be made of this character: 
that if an armed force from Missouri, or any 
other part of the country, invade the precincts of 
theelcction districts in Kansas, destroy the ballot- 
boxes, drive away the legally-authorized electors, 
and prevent the people of the Territory from ex¬ 
ercising their electoral privilege—I will a.sk gen¬ 
tlemen whether or not the citizens of Kansas, 
under their constitutional rights, in their primary 
assemblages, might not resummon the officers of 
elections, and proceed to hold that election under 
the organic laws of the Territory? I merely 
throw out this idea now, not that it is conclu¬ 
sive to my mind, or that 1 have given it that con¬ 
sideration which the question deserves; but I 
want all the facts and all the law laid before the 
House; then, and not until then, will I be pre¬ 
pared to cast my vote for receiving or rejecting 
either of t]ie honorable gentlemen who claim this 
seat. But, I say here, that the Hon. Andrew H. 
Reeder does, on the face of this memorial, con¬ 
test the seat of the sitting Delegate from Kansas. 
Ho claims that seat—claims to be elected at the 
only valid election held for that purpose; and I 
want to give him an opportunity of showing that 
fact. If he fails—if he does not make out liis 
case, I am ready to reject him; if he substantiates 
his claim, I am ready to receive him. 

Now, Mr. Speaker, we have, therefore, the 
subject-matter of the contest, and we have a con¬ 
testant. The case has been referred to a Com¬ 
mittee of the House; and in the usual and ordi¬ 
nary course of business the committee ask of the 
Blouse to give them that which is an usual, and 
proper, and necessary authority to caiuy on the 
investigation which you have referred to them. 

But, sir, look at the unusual nature of the 
objection which is made to conferring on that 
committee the authority for which they ask. You 
refer this matter to their investigation, you impose 
upon them the duty of inquiring into the facts of 
tliis case; yet when that committee come before 
the House, asking for authority to enable them 
to proceed,, you propose to cramp their powers, 
stitle further examination, and that, as I contend, 
without the shadow of law or equity. 

It is alleged, sir, that the Hon. Andrew H. 
Reeder is not entitled to contest the seat of the 
sitting Delegate from Kansas, because the Legis¬ 
lature of Kansas had the exclusive jurisdiction 
over the qualifications of its own members, and 
because they have made a record of these facts, 
and that record is conclusive. 

This question comes up as an original question. 
The point has been raised for the first time in 
j this House. It has not been decided by any other 
tribunal; and the question is simply, whether the 
body of men calling themselves the Legislature of 
Kansas were a lawful body, having a valid and 
legal existence ? If they w^ere, they could judge 
of the qualifications of their own members; if they 
had no legal vitality, they could perform no lawful 
act. The memorialist alleges that there was not 
any Legislature in Kansas, and he offers to prove 
i the fact, as any other fact is jiroven, before a com- 











potent tribunal. On the other hand, the sitting 
Delegate produces the volume containing the laws 
enacted by the body of persons in question, and 
contendsthat their otvnrecordproves their legal exist¬ 
ence! The allegation of the memorialist strikes at 
their authority to enact any law and they offer to 
prove their right to enact laws by producing the 
laws themselves ! But admit for the sake of the 
argument that this pretended Legislature were 
elected by an invading force from Missouri, and 
what pretense can there be for the assertion that 
they can constitute themselves, by the enactment 
of laws, the lawful Legislature of Kansas? It 
would be wrong on wrong—a continuation and 
perpetuation of the outrage. Fortunately for the 
cause of justice, this House may inquire into, and 
judge of the qualifications of its members, and 
}ircvent the perpetrators of wrong from sitting in 
judgment in their own cause. 

Let us bring this question palpably before us. 
Let us suppose that what the memorialist alleges 
he is able to prove, and of which we have had so 
much corroborative testimony, is true—that an 
armed and excited mob from the border counties 
of Missouri invaded the Territory of Kansas, 
and by force and violence drove the electors from 
the polls, and when all law and all right was thus 
]>laced at defiance, organized themselves into a 
Territorial Legislature. Now, sir, I desire to know 
if there is any man upon the floor of this House 
who would be willing, with these facts before him, 
to take the “record” of such a body as undeniable 
evidence of the legal existence and authority of 
the body itself? 

Sir, this question goes behind the record. It 
brings into question the right of the body to make i 
a record. The case cited by the gentleman from 
Delaware, [Mr. Cullen,] of Fletcher rs. Peck, has j 
no bearing upon the issue involved in this discus¬ 
sion. There a court held they had no power to 
annul the acts of a State Legislature, but the legal 
existence of the Legislature was not in question. 
Their authority as a Legislature was not denied; 
but it was pi'operly alleged in that case that, in¬ 
asmuch as a lawfully constituted Legislature had 
acted upon the subject-matter then in dispute, the 
court could not go behind the record. But I 
deny that the action of this pretended Legislature 
is binding upon the members of this House. 
We may call into question their right to make 
any decision which shall be binding upon this 
body. 

Mr. Speaker, the flouse desires information. 
Is there a Legislature in Kansas or not? The ap- 
j)lication here made for authority to send for per¬ 
sons and papers appeals to the candor, the justice, 
and liberality of the House. It has been said that 
if v/G adopt the ponding resolution it will involve 
the expenditure of large sums of money. It will 
no doubt cause the expenditure of a reasonable 
sum of money, for a reasonable and ordinary pur¬ 
pose; but let me ask gentlemen when the neces¬ 
sity for the expenditure of a sum of money de¬ 
terred the American people from doing justice 
themselves, or in demanding it from others? It is 
an argument unworthy the considi.'ration of a just 
Tieople; and I repeat, sir, thatneithei the lajise of 
time, tior the necessity for appropriating all the 
money necessary lor the purpose, shall prevent 
me from giving my voice and vote for the most 
ull and searching inquiry. 


It is a maxim of the common law, of universal 
application, and in harmony with every sound 
princi])le of jurisprudence, that “ no man shall 
take advantage of his own wrong.” This prin¬ 
ciple, just in its application to individuals, i.s 
equally just and proper in its application to bodies 
of men. If the charges of invasion, and wrong, 
and outrage are true, as stated by the memorialist, 
how can this pretended Legislature take advan¬ 
tage of their own illegal acts, and of the violence 
of those with whom they were acting, and sit in 
judgment on their own case, and perpetuate their 
wrong by obtaining its final consummation in this 
House? Shall we become parties to it? Shall 
we make their false record the record of this great 
and truthful nation? The public press,informa¬ 
tion derived from persons who have returned 
from Kansas, telegraphic dispatches, and exec¬ 
utive mcs.sagcs, all go to show that the Territory 
of Kansas was invaded, and that the people were 
obliged to take up arms in their own defense. If 
these grave charges are true, then, we dare, and 
we will, go behind the false record which hides 
such outrages, and protects such fraud. You 
will go behind the seals and parchment. You 
desire to know the truth. To deny investigation 
is to stultify every sentiment of right that is dear 
to the American people. 

It has been said—and I find the doctrine referred 
to in the minority report of the Committee of 
Elections—that the Hon. Andrew H. Reeder has 
estopped himself from inquiring into the validity 
of the claim made by the sitting Delegate to a seat 
in this House. 

It is urged that Governor Reeder has not been 
sufficiently prompt in making the objection which 
he now makes—that he recognized the Legis¬ 
lature of Kansas, and cannot now dispute their 
authority. On the other hand. Governor Reeder 
declares that he acted as soon as he received in¬ 
formation of the acts complained of, and that he is 
able to show from testimony the most conclusive 
that his conduct has been consistent throughout. 
However this may be, the doctrine of equitable 
estoppel has no application here. Governor 
Reeder, an individual, may estop himself of his 
private right, but he cannot estop or deprive the 
people of the Territory of Kansas of their rights 
and privileges. This question does not present 
itself as an issue of right between the Hon. An¬ 
drew H. Reeder and the sitting Delegate. It 
has a much broader range. It is a question 
between the people of Kansas, on the one hand, 
and an alleged foreign and jiretended Legislature, 
on the other. The people of Kansas have done, 
and can do, no act which will prevent them from 
! being fairly and equally represented in this Hall. 
Their right to be represented here depends not in 
the smallest degree upon any act of commission 
or omission on the part of Governor Reeder. I 
do not suppose that the doctrine of estoppel will 
be urged by any gentleman in this House. 

But it is said that a commission to take testi¬ 
mony in tlie Territory will answer every neces¬ 
sary purpose, and the minority report recommends 
the measure, provided, in the opinion of this 
House, any further action is decided upon, 
believe, sir, it would be impracticable to take fe? 
timony in the Territory under the existing sta 
of affairs. The excitement is such that a cor 
mission could not be fairly executed; witnesf 



























I 


6 ^ 


would be intimidated, or would decline to testify. 
Nor do I believe that testimony supposed to be 
adverse to the dominant party there would be 
suffered to leave the Territory. 

1 have presented to the House these few remarks 
on the question under consideration. I wish to 
say foi; myself, because I believe that I am rep¬ 
resenting the views of my constituents,, that I am 
in favor of this investigation. I do not believe 
that my constituents would be satisfied,, if I did 
not stand up in my jdace and advocate the right 
and the duty of this House to investigate the 
whole subject. 

In the course of debate, some reflections have 
been made which may or may not afiect the char¬ 
acter of the Hon. A. H. Reeder;.and I wish to 
say further, that the executive appointment found 
hirn in the bosom of his family beloved, in the 
social circle esteemed, in the practice of his pro¬ 
fession eminent, and among his fellow-citizens 
honored. He was a valued citizen of Pennsyl¬ 
vania, content with honors of his own achieving— 


I seeking no office, asking no preferment. It was 
j thus the executive appointment found him; and 
I believe him to be as true a man, as valuable a 
I citizen, as worthy of the confidence of his peers, 
now that official confidence has been withdrawn, 
as when it was reposed in him by the Chief Ma¬ 
gistrate of'the land. I do not stand here as the 
defender or apologist of Andrew PI. Reeder, for 
he requires none. I feel assured that if an oppor¬ 
tunity be affiorded him, he can prove such facts 
as will vindicate his official position,.and triumph¬ 
antly sustain his course in relation to the Terri¬ 
tory of Kansas. But such opportunity has locen 
uniformly denied him; it was denied him by the 
Executive before be was stricken from his place 
as Governor; up to this moment it has not been 
conceded by the members of this House.. If, in 
the end, he sliall be perm.itted to justify his. posi¬ 
tion, and spread before the public the acts of his 
official life, it will be seen that he will come forth 
j from the furnace wdthout the smell of fire upon 
I his garments. 


















